RADHA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri P.N.Tripathi, learned counsel for the petitioner and Sri Satyam Singh, Advocate, holding brief of Sri S.N.Singh, learned counsel for the respondents.

(2.) THE petitioner is seeking transfer on the post of Principal in Dwarika Prasad Intermediate College, Dashrathpur, Jaunpur, which fell vacant on 30.6.2013 due to retirement of Sri Jagat Narain Dwivedi, the person holding the said office. The petitioner claimed to have moved transfer application on 6.12.2013. However, in the meantime, U.P. Secondary Education Service Selection Board has already initiated process of direct recruitment on the said post and published advertisement no.03/2013 in daily newspaper Dainik Jagran dated 1.1.2014. The petitioner claim that said advertisement cannot proceed and District Inspector of Schools, Jaunpur, is also interested for cancellation of said advertisement but since respondent no.2 has proceeded with the selection process, this writ petition has been filed seeking writ of mandamus directing respondent no.2 to cancel the advertisement for the post of Principal.

(3.) A Division Bench of this Court in Smt. Amita Sinha Vs. State of U.P. and others, 2008 4 ESC 2799 has held that once process of selection by direct recruitment has begun by issuance of an advertisement inviting applications, the same cannot be filled in by transfer. This decision has also been followed by another Single Judge in Raja Ram, Etc. Vs. State of U.P. and others,2009 10 ADJ 585, wherein in para 35, this Court said as under: